Agency to release latest child fatality documents free

Sep. 20, 2013

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The Tennessean

In a surprise policy shift, the state Department of Children’s Services will release at no cost to the public all records from July 2012 going forward of children who died or nearly died while in its custody, saying it is part of the agency’s “renewed emphasis on transparency and accountability.”

DCS previously had resisted releasing any records of child fatalities or near fatalities, prompting The Tennessean to lead a coalition of 12 news organizations in filing a lawsuit to gain access to the files.

While DCS this week agreed to release records from July 1, 2012, to now free of charge, the cost of records from January 2009 to June 2012 that triggered the lawsuit is still being contested in court.

Davidson County Chancellor Carol McCoy ordered DCS to turn over more than 200 children’s files from January 2009 to June 2012. DCS then said it would charge the news organizations $55,484 to make copies of the records.

The fee included costs for items such as whiteout tape to redact confidential information, mileage reimbursements and the hourly wages of state workers to travel thousands of miles to regional offices to collect the files, which can be accessed from state computers. The agency later reduced its charges to $34,225.

The judge later ordered DCS to charge no more than 50 cents per page.

The state has indicated in court proceedings that it will probably appeal that 50-cent-per-page order, seeking more money from the media for the records.

In response to a second request from The Tennessean and other media groups for more-recent records spanning just an 11-month period from July 1, 2012, to May 31, 2013, the agency again set a high price tag, saying it would deliver records only if media groups paid $35,952.98.

'Cost is none'

This week, an attorney for the agency said DCS Commissioner Jim Henry now views releasing records as part of the agency’s day-to-day responsibilities.

“Commissioner Henry is seeking out opportunities for transparency in DCS processes and reporting,” Doug Dimond, the lawyer for DCS, wrote. “He has decided that going forward, DCS will publicly release records related to child deaths and near deaths as part of regular work.”

“I believe the only outstanding issue is the cost of providing those records,” he wrote. “The cost is none.”

Robb Harvey, an attorney with the Nashville firm Waller, who represents media groups, said he was “pleased to see the department’s commitment to transparency in making this second set of records available to us.”

Media groups and DCS return to court today as part of the ongoing process of collecting records the court ordered be made public.

Meanwhile, attorneys for DCS returned to federal court Thursday in an unrelated case regarding the state’s care of children in foster care.

DCS has been subject to oversight by federal courts for more than a decade. A new report analyzing the agency found major setbacks for more than 7,000 foster children in 2012, including more children in overcrowded foster homes, a faulty computer system that cannot track child deaths, and workers with too many child caseloads, under the leadership of former Commissioner Kate O’Day.

“There is no doubt there was slippage,” said Jonathan Lakey, representing DCS. “No one is happy about that, certainly not DCS. We are certain that DCS has set the right course, and under (Henry’s) leadership we are confident DCS is moving in the right direction.”

U.S. District Judge Todd Campbell, appearing visibly weary of the case, asked both DCS lawyers and attorneys for foster children when DCS would meet standards that would allow the case to end. Neither side was able to give him an answer.

“We’re into our 13th year,” Randolph said, before setting the next court hearing to review DCS performance in June 2014.